B.C.’s mineral exploration laws are modern and progressive, and the industry continually evolves and changes its practices in reasonable and practical ways based on sound facts and information.
In her commentary in the April 12 Times Colonist, Tofino Mayor Josie Osborne describes B.C.’s mineral tenure legislation as “antiquated.” In fact, B.C.’s Mineral Tenure Act and Regulations were significantly amended in 2005 and again in July 2012. These laws are regularly updated and considered a model for other jurisdictions around the world.
And contrary to her statements, the principle of free entry has not been abolished anywhere in Canada. Mineral-claim holders do not have the right to explore on land occupied by a dwelling or building or land under cultivation. Those rules were established last century because they make good sense.
As well, mineral-claim holders are subject to land-use planning requirements, and they can only stake mineral claims in areas of the province approved by the B.C. government. It was the Association for Mineral Exploration B.C. that requested government to provide notification to mineral claim holders of First Nations traditional territory.
Further, as part of B.C.’s permitting process, every application to conduct any low-impact mineral exploration work is first reviewed by relevant provincial ministries, and First Nations must be consulted before such activities can take place on their asserted traditional territories.
The government already has the discretionary power to restrict access to explorers or even close specific land to mineral exploration where a legitimate, science-based concern is reasonably identified.
In the case of Pender Island, AME B.C. recognizes the actions of a few people who are apparently using their mineral claims in a manner that does not appear to be consistent with responsible mineral exploration practices. We have asked the government to investigate.
Contrary to Osborne’s suggestion about compensation when mineral claims are expropriated, multimillion-dollar settlements with the provincial government are not frequent occurrences. In reality, the $10 billion in annual mining revenue is much more indicative of the economic relationship between the industry and the province.
Osborne’s portrayal of the $30-million compensation paid to Boss Power, a uranium exploration company, is inaccurate. Fair compensation should be provided if legally acquired property rights or titles are taken back or expropriated, by government. In this case, court documents showed that senior civil servants instructed the provincial inspector of mines to ignore an application by Boss Power to engage in uranium exploration activities, despite a statutory obligation to review it on its merits.
Naturally, mineral explorers require access to large areas to search for new and much-needed deposits, but exploration and mining in B.C. has affected much less than one per cent of the provincial land base, or an area smaller than Greater Victoria. AME B.C. advocates for certainty about where our members can explore for the fundamental minerals and metals that we use and need on a daily basis.
And in the rare event that mineral explorers discover a minable deposit, the industry must adhere to a rigorous and public environmental assessment process. And quite clearly, when one digs a little deeper into B.C.’s environmental assessment records, one will find that not all proposed mine projects are approved in this province — even though the net socio-economic benefits of every potential mine to the greater good are important to carefully consider in a balanced and reasonable way.
Responsible mineral explorers understand that there will always be impacts when developing minable deposits and agree that these need to be soundly assessed and properly mitigated. Mineral explorers and miners, far from being given special treatment from governments, are subject to stringent provincial and federal laws such as the Mineral Tenure Act, Mines Act, Environmental Management Act, Fisheries Act, Water Act, Wildlife Act and Environmental Assessment Act.
During the past 40 years, the industry, organized labour and government have successfully collaborated on developing effective regulations such as the Health, Safety and Reclamation Code for Mines, resulting in a world-leading safety record three times better than the average for all sectors in B.C.
A progressive and practical 21st-century regulatory system, which includes an efficient and effective staking, permitting and environmental assessment process, just makes good sense. Through the respectful sharing of sound facts and information, B.C.’s modern mineral exploration laws will continue to change in reasonable and practical ways.
Gavin C. Dirom is president and CEO of the Association for Mineral Exploration B.C.
